All you need to know about a Constitution referendum

Editor's Note: Our TUKO.co.ke blogger today is Sammy Kwinga, a regular commentator on social and political issues. With the possibility of Kenyans going to a Constitution referendum before the 2022 elections appearing to get stronger, he looks at the entire referendum process and what it entails.

A referendum is a general vote by the electorate on a political question, which has been referred to them for a decision.

The last time Kenyans voted in a referendum was on August 4, 2010, where voters were asked whether they approved or rejected a proposed new constitution that had been passed by the National Assembly on April 1, 2010. The new Constitution was approved by 68.6% of voters.

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A referendum is basically an amendment of the Constitution can be done by popular initiative article 257(i) through to (ii).

An amendment is usually proposed by popular initiative and has to be signed by at least one million registered voters to make a referendum possible.

This is exactly what Thirdway Alliance leader Dr. Ekuru Aukot is currently doing as he traverses the country sensitizing the citizens on his Punguza Mzigo initiative which has so far garnered over 600,000 signatures in support. Ekuru’s initiative aims at reducing the number of elected officials to reduce the country’s unsustainable wage bill.

The popular initiative may come in the form of a general suggestion or a formulated draft bill. If the former is true, the promoters will have to convert it to a draft bill.

Once the signatures have been collected and the draft bill prepared, the promoters will have to deliver the bill and the supporting signatures to the Independent Electoral and Boundaries Commission (IEBC) for the verification of the signatures in the voters’ register.

If the IEBC is satisfied that the initiative meets the requirements, the commission submits the draft bill to each of the 47 County assemblies.

The assemblies have three months from the date of submission to make considerations. If any of the County assemblies approves the bill within this time, its Speaker should deliver a copy of the draft bill jointly to the Speakers of both houses of Parliament (The National Assembly and the Senate) complete with a certificate showing that the County assembly has approved the bill in question.

If the draft bill is passed by majority of the 47 County assemblies, it is then introduced in Parliament without further delays. The draft bill is considered passed by Parliament if supported by a majority of the members of each house.

Once Parliament passes the bill, it is submitted to the president for assent as per article 256(4) and (5).

Before assenting to the bill, the president requests the IEBC to conduct - within 90 days - a national referendum for approval of the bill.

A referendum is subsequently held, with anyone eligible to vote in every registered voter qualified to participate in the exercise.

Within 30 days after the IEBC chairperson has certified to the president that at least 25% of the registered voters in 24 counties voted in the referendum and from the vote cast a simple majority (not 50% plus one) are in support, the president shall assent to the bill and cause it to be published.

It should also be noted that if Parliament does not pass the motion but it touches on a matter in article 255(i), the proposed amendment shall still be submitted to the people for a referendum as they hold the final say in how their county should run.

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